Plaintiffs' establishment of ownership relationship between vessels and entitlement to claim for repairs influenced the court's decision in their favor.

KAMDAR S. U. , J.

( 1 ) THE present suit has been filed by the plaintiffs for recovery of UAE DHS 60,242 / - along with further interest at the rate of 12% per annum from the date of the suit till payment and/or realisation. In addition to the said claim the plaintiff has also claimed that the 1st defendant vessel m. t. SYMPHONY (ex-ARABIAN LADY) along with her hull, tackle, engines, machinery, boats, apparel and other paraphernalia be condemned and sold under the orders and directions of this Court towards the satisfaction of the suit claim by the plaintiffs. Few facts of the case in the background of which the present suit is filed are as under :-

( 2 ) THE plaintiffs claim that the 2nd defendant herein is the owner of vessels known as m. t. ARABIAN QUEEN, m. t. SHAMSA m. t. ARABIAN VICTORY and m. t. ARABIAN BEAUTY. It is the case of the plaintiffs that each of the aforesaid vessels are the sister vessels of the 1 st defendant. According to the plaintiffs, the said defendant No. 2 is the owner of not only the aforesaid four vessels but also the 1st defendant.

( 3 ) IT is the case of the plaintiffs that at the request of the 2nd defendant the plaintiffs agreed to carry out various repairs work and for which the quotations were filed with the defendant No. 2. After the defendants accepted the said quotation, the plaintiffs have carried out the said work and the said work has been certified as satisfactory by the Master/chief Officer of the respective four aforesaid vessels. The plaintiffs have thereafter issued invoices to the 2nd defendant of UAE DHS 60,242. However, the plaintiffs never received any payment in that behalf. On various occasions the plaintiffs contacted the 2nd defendant and sought payment of the aforesaid amount. Ultimately, the 2nd defendant issued cheques of UAE DHS 31,999 drawn on Alahli Bank of kuwait as part payment. However, cheques when deposited were dishonoured. The plaintiffs have thus claimed decree for the sum of UAE DHS 60. 242/- as per the particulars of claim being Exhibit A to the plaint. In paragraph 5 of the said plaint, it has been contended that the plaintiffs are entitled to recover the said amount for the repairs carried out in respect of other five vessels from the sale proceeds of the 1 st defendant as the 1 st defendant is the sister vessel of the said five vessels in which repair work has been carried out and for which the amount was outstanding and payable. It has been contended that under section 4 of the Court of Admiralty Act, 1861 the plaintiffs are entitled to maintain the present suit and this Court has jurisdiction to try the suit.

( 4 ) THE defendant Nos. 1 and 2 have not entered their appearance in the proceedings. The only person who has contested the suit is the 3rd defendant who is the plaintiff in the connected suit being Admiralty Suit No. 30 of 2002. The 3rd defendant has denied the aforesaid facts and put the plaintiffs to the strict proof thereof on the ground that they are unaware of the said facts. However, the 3rd defendant has strenuously contended that the 1st defendant vessel belongs to the Gulf Oil company and do not belong to the 2nd defendant herein and thus the 1 st defendant vessel is not a sister vessel to the other four vessels in which the repair work has been carried out by the plaintiff and, therefore, the plaintiffs are not entitled to maintain the present suit. On the aforesaid pleadings and the written statement the following issues were framed :- 1. Whether the suit is liable to be dismissed for ant of cause of action as alleged by the third defendants? 2. Whether the third defendants prove that the first Defendant Vessel is owned by Gulf Oil Co. WLL, UAE. ? 3. Whether the plaintiffs prove that the vessel m. t. Arabian Queen, m. t. Shamsa, m. t. Arabian Victory and m. t. Arabian Beauty are owned by arabian Tankers Co. LLC? 4. Whether the plaintiffs prove that m. t. Arabian Queen and m. t. Shamsa are sister vessels? 5. Whether the plaintif